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U.S. v. ORTHO BIOTECH PRODUCTS, L.P.

No. 12-2141.

719 F.3d 31 (2013)

UNITED STATES, ex rel. Chinyelu DUXBURY, Relator, Appellant, v. ORTHO BIOTECH PRODUCTS, L.P., Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 12, 2013.

Attorney(s) appearing for the Case

Jan R. Schlichtmann for appellant.

Ethan M. Posner , with whom Patrick S. Davies , Michael M. Maya , and Covington & Burling LLP, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and KAYATTA, Circuit Judges.

LYNCH, Chief Judge.

This is the second appeal to reach this court in the decade-long litigation of relator Mark Duxbury's qui tam action against defendant Ortho Biotech Products, L.P. ("OBP") for alleged violations of the federal False Claims Acts ("FCA"), 31 U.S.C. §§ 3729-3733, arising from OBP's marketing of the pharmaceutical drug Procrit. Following Mark Duxbury's death in October 2009, the district court permitted his surviving spouse, Chinyelu Duxbury...

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